Fertile Grounds:
Reproductive Health and National Chemical Policy Reform
What is the Toxic Substances Control Act of 1976?
The Toxic Substances Control Act (TSCA) was passed in 1976 and has never been reauthorized. It
was inadequate then, grandfathering in tens of thousands of chemicals, and is outdated today. There
are now 84,000 chemicals in commerce. Of these, the EPA has restricted only 5, and consumers and
federal agencies have no health and safety information for the vast majority of chemicals. TSCA
needs to be updated and overhauled in order to protect the health of children, pregnant women,
workers, and the public from toxic chemical exposure.
Declining Reproductive Health and Links to Toxic
“Mounting scientific evidence demonstrates
Chemicals
that commonly-used chemicals can harm
In the US today, there is increasing concern that
reproductive health and contribute to
environmental contaminants are harming the reproductive
infertility, miscarriage, early puberty, and
decreased sperm counts.”
and sexual health and fertility of women and men1:
 At least 12% of women reported infertility,
Tracey Woodruff, PhD
miscarriage, or difficulty conceiving in 2002, an
Director, Program on Reproductive Health and
increase of 40% from 1982. The rate has almost
the Environment, University of California San
doubled in younger women, ages 18–25.
Francisco
 There have been significant declines in sperm counts
in men.
 Studies suggest that exposure to chemicals commonly used in everyday products has been
linked to earlier puberty in girls, cancer, and developmental and learning disabilities.
 Reproductive tract abnormalities like undescended testes and hypospadias (a deformity of the
penis) are increasing in infant and newborn boys.
 The Centers for Disease Control and Prevention (CDC) has published data showing that
exposures to toxic chemicals like bisphenol A (BPA) and phthalates are common. Almost
everyone has these chemicals in their bodies—some at levels near or above those shown to
cause adverse effects on reproductive health.
 In early 2011, a study by the University of California San Francisco confirmed that pregnant
women carry multiple chemicals in their bodies. Overall, 43 chemicals were detected in 99100% of over 250 pregnant women–including PCBs, which have been banned in the U.S. for
over 30 years, and phthalates, a chemical commonly used today in plastic and cosmetics2.
 Tests of newborns show that many chemicals are passed in utero from mother from child.
1
The Health Case for Reforming the Toxic Substances Control Act, published by the Safer Chemicals, Healthy
Families Campaign, 2010 (http://healthreport.saferchemicals.org/reproductive.html).
2
Woodruff TJ, Zota AR, Schwartz JM 2011. Environmental Chemicals in Pregnant Women in the US: NHANES
2003-2004. Environ Health Perspect :-. doi:10.1289/ehp.1002727
1020 19th Street, NW – Suite 875 – Washington, DC 20036 – 202.530.4401 – Fax 202.530.4404 – www.rhtp.org
Why We Need Chemical Policy Reform
 Toxic and untested chemicals are commonly found in water and baby bottles, scented candles
and air fresheners, vinyl shower curtains, and home electronics.
 Major loopholes in current law make it almost impossible for the Environmental Protection
Agency (EPA) to require testing or regulate chemicals based on adverse health effects.
Consequently, TSCA has never been used adequately to regulate toxic chemicals, despite their
potential to harm reproductive health.
 In the 2011 legislative session, 32 states have introduced legislation to protect children and
families from harmful toxic chemicals, including comprehensive state policies, individual
chemical bans, and resolutions supporting comprehensive TSCA reform in the US Congress.
While these efforts are important steps in the right direction, we know that fighting state by
state and chemical by chemical will not be enough to protect reproductive health.
What We Need: How Chemical Policy Reform Can Improve Reproductive Health
 Require Basic Health & Safety Information for All Chemicals: Manufacturers should be
required to provide basic health and safety information for chemicals, proving those chemicals
safe before they enter the market, our homes, and our bodies.
 Protect Reproductive Health from the Worst Chemicals: EPA should be required to
prioritize safety determinations for some of the most dangerous commonly used chemicals,
including reproductive toxicants BPA and phthalates. Exposure to chemicals, such as
formaldehyde, that have already been extensively studied and found to be harmful, should be
reduced to the maximum extent feasible.
 Study and Take Action on “Persistent, Bioaccumulative, and Toxic” Chemicals
(PBTs): PBTs build up in the food chain and seriously harm health. Any such chemical to
which people could be exposed should be phased out of commerce. One example is mercury,
a PBT which is linked to infertility and miscarriage and known to harm early development.
 Protect Disproportionately Affected/Vulnerable Populations: Chemicals should be
assessed against a health standard that explicitly requires protection of disproportionately
vulnerable and affected populations, including infants, children, and adolescents; pregnant
women (including effects on fetal development); individuals with preexisting medical
conditions; and workers.
 Ensure Environmental Justice: Effective reform should contribute substantially to reducing
the disproportionate burden of toxic chemical exposure placed on people of color, lowincome people, and indigenous communities by requiring the EPA to identify and take action
on “hot spots,” areas of the country facing disproportionate toxic chemical burdens and
adverse health effects due to a high concentration of industrial activity, a legacy of pollution,
or other factors.
 Use the Best Science to Track the Health Impacts of Toxic Chemicals: The National
Academy of Sciences' recommendations for reforming risk assessment at the Environmental
Protection Agency (EPA) should be adopted. Regulators should expand development and use
of information gleaned from “biomonitoring,” the science of detecting human chemical
contamination, to inform and impel efforts to reduce these exposures, including in pregnant
women and children.
For more information about chemical policy reform and reproductive health, contact
Kimberly Inez McGuire (kimcguire@rhtp.org, 202-530-4401), Senior Associate for Programs
and Policy, Reproductive Health Technologies Project.